HomeMy WebLinkAbout10-015 PC Resolution PC RESOLUTION NO. 10-15
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NOS. PA10-0168 AND PA10-0169, A
MINOR CONDITIONAL USE PERMIT AND FINDINGS OF
PUBLIC CONVENIENCE OR NECESSITY TO OPERATE A
LIQUOR STORE (TYPE-21 LICENSE: OFF-SITE
GENERAL) LOCATED AT 33321 TEMECULA PARKWAY,
SUITE 105 (APN 966-010-011)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On June 2, 2010, Vinod Kapoor, filed Planning Application Nos. PA10-
0168, a Conditional Use Permit Application and PA10-0169, an application for Findings
of Public Convenience or Necessity in a manner in accord with the City of Temecula
General Plan and Development Code. �
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 1, 2010, at a duly noticed public �
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application Nos. PA10-0168 and
PA10-0169 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Conditional Use Permit (Section 17.10.040.E)
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The proposed use is for a liquor store within an area zoned Highway Tourist
(HT). Liquor stores are a permitted use in this zone with the approval of a
Conditional Use Permit per the City of Temecula Development Code (Table
17.08.030). In addition, the proposed conditional use has been reviewed and
conditioned by Public Works, Building and Safety, Fire, and the Police
Department to ensure it is consistent with the General Plan and the Development
Code. �
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings or structures;
The proposed use will be located within an existing commercial center. The
Developmenf Code specifies that new liquor stores must be at least 1, 000 feet
from existing liquor store. This particular store is approximately 1, 300 feet east
of a soon to open liquor store. Further, the proposed use has been reviewed and
conditioned by Public Works, Building and Safety, Fire, and the Police
Department to ensure it is compatib/e with the nature, condition and development
of adjacent uses, buildings and structures and to also ensure the proposed
conditional use will not adverse/y affect the adjacent uses, buildings or
structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in the Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The proposed liquor store will be located within an exisfing commercial shopping
center zoned Highway Tourist (HT). Liquor stores are a permitted use in this
zone with the approval of a Conditional Use Permit. The proposed use will be
conducfed within an existing building for which the site adequately provides for
yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and
other development features prescribed in the Development Code.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The proposed conditional use has been reviewed and conditioned by Public
Works, Building and Safety, Fire, and th.e Police Department to ensure it will not
be detrimental to the health, safety, and general welfare of the community.
E. That the decision to approve, conditionally approve, or deny the
application for a Conditional Use Permit be based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal;
The decision to approve, conditionally approve or deny the application for the
Conditional Use Permit is based on substantial evidence in view of the reco'rd as
a whole before the Planning Commission or City Council on� appeal.
Findings of Public Convenience or Necessity (Section 17.10.020.B.5)
. F. Whether or not the proposed use is consistent with the General Plan and
Development Code;
Liquor stores are a permitted use within areas zoned Highway Tourist (HT) with
the approval of a Conditional Use Permit. The project has been reviewed and
condifioned by Public Works, Building and Safefy, Fire, and the Police
Department to ensure it is consistent with the Genera/ Plan and Development
Code.
G. Whether or not the proposed use is compatible with the nature, condition
and character of adjacent land uses;
The proposed use will be located within an existing commercial shopping center.
This center is located within the Highway Tourist (HT) zoning designation. This
, designation allows for liquor stores after the approval of a Conditional Use
Permit. The use has been reviewed and conditioned by Public Works, Building
and Safety, Fire, and the Police Department to ensure it is compatible with the
nature, condition and character of adjacent land uses.
H. Whether or not the proposed use would have an adverse effect on
adjacent land use;
The proposed use will be located within an existing commercial shopping center.
This center is located within the Highway Tourist (HT) zoning designation. This
designation allows for liquor stores after the approval of a Conditional Use
Permit. The use has been reviewed and conditioned by Public Works, Building
and Safety, Fire, and the Police Department to ensure it will not have an adverse
affect on adjacent land uses.
I. Whether or not the proposed use would result in an excessive number of
similar establishments in close proximity;
The City of Temecu/a Development Code requires that new liquor sfores be
placed no closer than 1,000 feet from existing liquor stores (Section •
, 17.10.020.8.4). A recent/y approved liquor store will soon be open
approximately 1,300 feet to the west. This exceeds the 1,000 foot requirement
stipulated by the Development Code. Therefore, approval of the proposed use
will .not resu/t in an excessive number of similar establishments in close
proximity.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit and Findings of Public Convenience or Necessity
Applications:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15302, Class 1 Existing Facilities);
The project will allow for a liquor store to be located within an existing
commercial center. No new square footage will be required to accommodate this
use. Only construction activities related to tenant improvements will take place.
Section 4. Conditions. The Planning Commission of the .City of Temecula
approves Planning Application Nos. PA10-0168 and PA10-0169, a Minor Conditional
Use Permit and Findings of Public Convenience or Necessity to operate a liquor store
(Type-21 License) located at 33321 Temecula Parkway, Suite 105. subject to the
Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein
by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 1st day of September 2010.
Carl arey, Chairman
ATTEST:
�� � Patr.ick �2ichardson, Secretary
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
. I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10-15 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 1 st day of September 2010, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Kight
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
EXHIBT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application Nos.: PA10-0168 & PA10-0169
Project Description: A Minor Conditional Use Permit and Findings of Public Convenience
or Necessity to operate a liquor store (Type-21 License; Off-Sale
General) located at 33321 Temecula Parkway, Suite 1.05
Assessor's Parcel No.: 966-010-011
MSHCP Category: Exempt (Existing Structure — Tenant Improvements Only)
DIF Category: Exempt (Existing Structure — Tenant Improvements Only)
TUMF Category: Exempt (Existing Structure — Tenant Improvements Only)
Approval Date: September 1, 2010
Expiration Date: September 1, 2012
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four pollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48-hour period the applicant/
developer has not delivered to the Planning Department the check as required above,
the approval for the project granted shall be void by reason of failure of condition (Fish
and Game Code Section 711.4(c)).
General Requirements
PL-2. The applicant and owner of the real property subject to this condition shall hereby
agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of
the City's own selection from any and all claims, actions, awards, judgments, or
' proceedings against the City to attack, set aside, annul, or seek monetary damages
• resulting, directly or indirectly, from any action in furtherance of and the approval of the
City, or any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City, concerning the
Planning Application. The City shall be deemed for purposes of this condition, to
• include any agency or instrumentality thereof, or any of its elected or appointed
officials, o�cers, employees, consultants, contractors, legal counsel, and agents. City
shall promptly notify both the applicant and landowner of any claim, action, or
proceeding to which this condition is applicable and shall further cooperate fully in the
defense of the action. The City reserves the right to take any and all action the City
deems to be in the best interest of the City and its citizens in regards to such defense.
PL-3. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL-4. This approval shall be used within two years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently '
pursued to completion, or the beginning of substantial utilization contemplated by this
approval. ^
PL-5. The Planning Director may, upon an application being filed prior to expiration, and for
good cause, grant a time extension of up to 3 one-year extensions of time, one year at
a time.
PL-6. A separate building permit shall be required for all signage.
PL-7. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL-8. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers,
landscape debris, and waste from entering the storm drain system or from leaving the
property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or
repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters.
Ensure that all materials and products stored outside are protected from rain. Ensure
all trash bins are covered at all times.
PL-9. The applicant shall comply with their Statement of Operations dated May 31, 2010, on
file with the Planning Department, unless superseded by these Conditions of Approval.
PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
PL-11. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
" reconfiguration or change of use. The reservation of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Plannirg Director, Planning Commission, and City
Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PL-12. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer
for the facility shall ensure that the employee has received Licensee Education on
Alcohol and Drugs (L.E.A.D.) training From the California Department of Alcoholic
Beverage Control.
PL-13. Hours of operation for the facility shall be as follows: Monday —Thursday: 7 a.m. to 11
p.m., Saturday 7 a.m. to 12 a.m., and Sunday 8 a.m. to 10 p.m.
PL-14. The applicant shall abide by all requirements of the California Department of Alcoholic
Beverage Control.
PL-15. The applicant shall not' allow the sale of adult materials as defined per the City of
Temecula Municipal Code Section 5.09.
PL-16. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris. Only the City's franchisee may haul demolition and
construction debris.
PL-17. The applicant shall comply with the Public Art Ordinance.
Prior to Issuance of Building Permit(s)
PL-18. The developer shall provide the Planning Department verification of arrangements
made with the City's franchise solid waste hauler for disposal of construction and
demolition debris.
OUTSIDE AGENCIES
PL-19. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated June 30,' 2010, a
copy of which is attached.
BUILDING AND SAFETY DEPARTMENT
General Conditions/Information
B-1. All design components shall comply with applicable provisions of the 2007 edition of
� the California Building, Plumbing and Mechanical Codes; 2007 California Electrical
Code; California Administrative Code, Title 24 Energy Code, California Title 24
Disabled Access Regulations, and the Temecula Municipal Code.
B-2. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-3. Commercial projects shall provide a house electrical meter to provide power for the
operation of exterior lighting, irrigation pedestals and fire alarm systems for each
building on the site. Developments with single user buildings shall clearly show on the
plans how the operation of exterior lighting and fire alarm systems when a house meter • •
is not specifically proposed.
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At Plan Review Submittal
B-4. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
B-5. Provide number and type of fixtures to be added. Must be in accordance with the '
provisions of the 2007 edition of the California Plumbing Code.
FIRE PREVENTION
General Requirement
F-1. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
F-2. During remodeling and/or addition construction, all fire and life safety systems will be
maintained in working order and up to their original design and performance
specifications.
F-3. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection (CFC Chapter 1).
Prior to Issuance of Building Permit(s)
F-4. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention
Bureau for approval. Three sets of sprinkler plans must be submitted by the installing
• contractor to the Fire Prevention Bureau. These plans must be submitted prior to the
issuance of building permit.
F-5. Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau
for approval. Three sets of alarm plans must be submitted by the installing contractor
to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated
circuit from the house panel. These plans must be submitted prior to the issuance of
building permit.
Prior to Issuance of'Certificate of Occupancy
F-6. New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property. These numbers shall contrast with their
background. Commercial buildings shall have a minimum of 12-inch numbers with
suite numbers being a minimum of six inches in size. All suites shall have a minimum
of six-inch high letters and/or numbers on both the front and rear doors (CFC Chapter
5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E).
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F-7. A"Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet
in height and be located to the right side of the fire riser sprinkler room. If the building is
already equipped with a knox box then it will be required that the fire department
obtains a key to the business to place in the knox box (CFC Chapter 5, Section 506).
F-8. Frior to final inspection of any building, the applicant shall prepare and submit to the
Fire Department for approval, a site plan designating fire lanes with appropriate lane
painting and/or signs (CFC Chapter 5, Section 503.3).
POLICE DEPARTMENT
General Requirements
PD-1. Applicant shall comply with all laws, ordinances, rules and regulations pertaining to the
operation of a liquor store holding a type 21 (Off sale general) license.
PD-2. No alcohol shall be sold to any person less than 21 years of age.
PD-3. No Tobacco or any other item restricted from sales to minors will be sold to any person
less than 18 years of age.
PD-4. Contact the Temecula Police Department for compliance inspections and training for
both employees and owners. , .
PD-5. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of
Alcoholic Beverages in Public Prohibited.
PD-6. Identification will be verified utilizing one of the following: (a) valid California driver's
license; (b) valid California identification card; (c) valid military identification card
(active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or
Territories of the United States; (e) valid U.S. Passport; (f) valid government issued
identification card issued by a Federal, State, County or City agency.
PD-7. As noted above, only a valid government issued identification card issued by a Federal,
State, County or City agency is acceptable, providing it complies with 25660 of the �
Business and Profession Code (B&P), which includes the following requirements: (a)
name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently
• valid (not expired).
PD-8. All exterior doors shall have vandal resistant light fixtures installed above each door.
The doors shall be illuminated with a minimum one-foot candle illumination at ground
level, evenly dispersed.
PD-9. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware
shall be commercial or institution grade. �
PD-10. Any graffiti painted or marked upon the buildings must be removed or painted over
within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-
hour dispatch Center at (951) 696-HELP.
PD-11. Upon completion of construction, the suite shall have' a monitored alarm system
installed and monitored 24 hours a day by a designated private alarm company to notify
the Temecula Police Department of any intrusion.
PD-12. Any public telephones located on the exterior of the buildings shall be placed in a well-
lit, highly visible area, and installed with a"call-out only" feature to deter loitering. This
feature is not required for public telephones installed within the interior of the buildings.
PD-13. Penal Code 490.5 affords merchants the opportunity to recover their losses through a
civil demand program.
PD-14. Employee training regarding retail/credit card theft, citizens' arrest procedures,
personal safety, business security, shoplifting or any other related crime prevention
training procedures is also available through the Crime Prevention Unit.
PD-15. Businesses desiring a business security survey of their location can contact the Crime
Prevention and Plans Unit of the Temecula Police Department.
PD-16. The Temecula Police Department affords all retailers the opportunity to participate in
the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a
thumbprint of every customer using a personal check to pay for goods or services. A
decal is also posted on the front entry of the business advising customers of the
,"Inkless Ink Program" in use. If the business becomes a victim of check fraud, the
Police Department will be able to track the suspect with the thumbprint.
PD-17. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 695-2773.
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. 0 COUNTY OF RIVERSIDE • HEALTH SERVICES AGENCY �
� DEPARTMENT OF ENVI130NMENTAL HF.AL'��-I
_
June 30, 2010
D�����c�
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City of Temecula
Planning Department �-'
Attn: Eric Jones, Planner `
P.O. Box 9033 � . _ ^ `
�
Temecula CA 92589-9033
SUBJECT: PA10-0168 - MELANO LIQUOR (APN#966-010-011)
Dear Mr. Jones:
The Department of Environmental Health (DEH) has reviewed the application for the
above project and offers the following comments:
PROJECT SUMMARY
,` This project is proposing a minor Conditional Use Permit to allow Melano Liquor to �
� relocate to 33321 Temecula Parkway, Suite 105, Temecula, CA 92592. It is ttie
understanding of this Deparbment that this project will obtain water and sewer service
from a utility company.
WATER AND SEWER "WILL-SERVE" LETTER
A"Will-Serve" letter from the agency(ies). that will be providing potable water and
sanitary sewer service for this project must be submitted to this Department for review
and approval. �
FOR ANY FOOD FACILITIES
1. Food faciliries: a total of three (3) complete sets of plans for each food establishment
are needed including a fixture schedule, a finish sehedule and a plumbing schedule in
order to ensure compliance with the California Uniform Retail Food Facilities Law.
Food facility plans should be submitted to:
_ • Department of Environmental Health, District Environmental Services,
- Murrieta 38740 Sky Canyon Drive. Suite A, Murrieta CA 92563 Attention:
Plan Check (951) 461-0284. Plan Check fees are required.
Locai Enforcement Agency • P.O. Box 1280, Riverside; CA 92502-1280 •(909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501
Land Use and Water Engineering • P.O. Box 1206, Riverside, CA 92502-1206 •(909) 955-8980 • FAX (909) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501
Eric Jones, Planner
City of Temecula
June 30, 2010
RIVERSIDE COUNTY - HAZARDOUS MATERIALS MANAGEMENT BRANCH
This facility may require a business emergency plan for the storage of hazardous
materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous
materials or extremely hazardous substances. If further review of the site indicates
additional environmental health issues, the Hazardous Materials Management Division
reserves the right to regulate the business in accordance with applicable County
Ordinances. Please contact the Hazardous Materials Management Division, at (951) 358-
5055 for any additional requirements. �
If you have any questions regarding this letter please contact me at (951) 955-8980.
Si y,
Michael Mistica, R.E.H.S.
Environmental Health Specialist IV
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